Niagara Region councillors have taken steps to ensure Alan Caslin’s appointment to the Niagara Regional Police services board is official.

Council made the move Thursday night after Pelham Mayor Dave Augustyn expressed concerns about the legality of the regional chair’s decision to appoint himself to the board on Jan. 22, replacing Coun. Andy Petrowski who resigned hours earlier.

Augustyn’s concerns were based on a legal opinion of the Police Services Act, which gives the head of a municipal council first dibs at a seat on police boards. But Augustyn pointed out that in December 2014, Caslin opted against joining that board — and in doing so, Augustyn said, gave up his “right of first refusal” for an appointment to the board.

“After publicly declining the right of first refusal to sit on the police board, does the head of council have the right of second refusal, too?” Augustyn asked while presenting a motion calling for a judicial review of Caslin’s appointment.

In an interview prior to the meeting, Augustyn said he obtained a legal opinion about his concerns and was told “that because this could set a precedent across the province and because it’s an important issue and it is a little bit grey, they’re suggesting a judicial review.”

A judicial review, Augustyn said, would leave it up to a judge to decide whether or not Caslin’s appointment to the board is in order.

“You could have duelling legal opinions — one to say it’s fine and another saying it’s not. The best way to do it would be to make an application to a judge … to rule on it.”

He said his motion was not personal.

“I always want to ensure that council not only does what’s right, but also that we are seen to do what is right,” he told councillors. “Some will say that this is a waste of time, that it’s navel gazing, but I think it is an important issue.”

Nevertheless, his motion resulted in a backlash from several councillors.

“We do a great job of shooting the horse 15 times when he’s dead,” Petrowski said. “This seems to be in my opinion motivated by a personal agenda.”

Niagara Falls Coun. Bob Gale said the police board he chairs is often criticized for moving too slowly.

In this case, he said, the board is being criticized for moving too quickly, to fill a vacancy.

“I’m proactive. If something happens on our board, I want to make sure we have a replacement,” he said.

“A lot of people, especially the press, make the police board a circus out there,” he said. “I want to calm this down, because it always seems we’re in the press.”

Port Colborne Coun. David Barrick said to spend money on a judicial review “is absolutely ridiculous.”

Augustyn’s motion was defeated in a 22-5 vote, with only Augustyn, St. Catharines’ Brian Heit, Grimsby’s Bob Bentley, Niagara-on-the-Lake’s Gary Burroughs and Thorold’s Henry D’Angela voting in favour of it.

Council instead voted to support a motion by Fort Erie Coun. Wayne Redekop to recognize the resignation of Petrowski and support the appointment of Caslin.

Caslin said more than 50 per cent of the region’s budget is dedicated to policing, “and my obligation is to the taxpayer to make sure that is understood and well perceived and we do work towards a zero per cent budget that we gave to the police board.”